The Supreme Court of Jamaica handed down its judgment in George Nooks v First Caribbean International Bank (Jamaica) Limited [2015] 6 JJC 1201.

The claimant, a famous singer and entertainer in Jamaica deposited J$15m into his account held at First Caribbean International Bank (Jamaica) Limited. The claimant alleged in his claim form that the bank wrongfully refused to comply with his demand for the return of his missing money, which was either in his account or invested on his behalf. He claimed, in the alternative, that the bank breached its duty of care to him by wrongfully allowing its employee to convert his funds or operate the account fraudulently or negligently. He also alleged that there was a breach of contract.

Relying on rule 26.3(3)(c) of the Civil Procedure Rules (CPR), the claimant sought to strike out the bank's defence against his claim on any of following three grounds;

no reasonable grounds for defending the claim;

the defense is an abuse of the process of the court;

mere denial that an employee of the defendant was not acting as servant and/or agent of the defendant does not amount to a defense.

In a judgment given by Skyes J, the claimant's application was dismissed. There were factual issues that arose in the case which needed to be resolved because of their essential importance to the question of liability.

Application to strike out defense was refused. Case proceeding to trial. Costs to thedefendant to be agreed or taxed.

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